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CAPELLAN v. RILEY

No. 91 Civ. 0977 (CHT).

779 F.Supp. 728 (1991)

Feliberto CAPELLAN, Petitioner, v. Dean RILEY, Superintendent of Fishkill Correctional Facility, Respondent.

United States District Court, S.D. New York.

As Amended on Motion to Reargue January 10, 1992.

Attorney(s) appearing for the Case

The Legal Aid Soc., New York City (Philip L. Weinstein, Richard Joselson, of counsel), for petitioner.

Robert Abrams, Atty. Gen. of S. of N.Y. (Monica R. Jacobson, of counsel), Robert M. Morgenthau, Dist. Atty. of New York County (James M. McGuire, of counsel), New York City, for respondent.

OPINION

TENNEY, District Judge.

Feliberto Capellan ("Capellan") petitions this court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (1988). Capellan was convicted, upon a plea of guilty, in the New York State Supreme Court, New York County, of criminal possession of a controlled substance in the second degree, N.Y. Penal Law § 220.18(1) (McKinney 1984) ("Penal Law"), and was sentenced to a term of imprisonment of six years to life (Rothwax...

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